Is H1 transfer possible without stamping (approval available)

[sarita ramakrishnan]

Hi,

I had applied for H1 visa through a consultant and got it approved. But due to a fallout with the employer I am no more in terms with them. I have not got my visa stamped yet. I have the following questions regarding this scenario:

1. If i start looking for jobs independently, and say i succeed, will the new employer be able to sponsor my visa just based on the approval available?
2. Since we are already in the middle of october (H1 work start date being 1st October), will there be issues for new employer to transfer since i do not have any paystubs.
3. If the new company applies for my visa again, will it be cap exempt?
4. Is there any fixed timeline by which i should get a job and start working? My h1 approval is there for next three years. Is it ok to get a job anytime round the year, get an approval and go for stamping?
5. In case, my previous employer cancels the approval with uscis, will the new employer still be able to apply in a cap exempt (using the reference of the first canceled approval)?

Please help at the earliest with your replies.

Thanks
Sarita

[raghvi]

Hi,

I had applied for H1 visa through a consultant and got it approved. But due to a fallout with the employer I am no more in terms with them. I have not got my visa stamped yet. I have the following questions regarding this scenario:

1. If i start looking for jobs independently, and say i succeed, will the new employer be able to sponsor my visa just based on the approval available?
2. Since we are already in the middle of october (H1 work start date being 1st October), will there be issues for new employer to transfer since i do not have any paystubs.
3. If the new company applies for my visa again, will it be cap exempt?
4. Is there any fixed timeline by which i should get a job and start working? My h1 approval is there for next three years. Is it ok to get a job anytime round the year, get an approval and go for stamping?
5. In case, my previous employer cancels the approval with uscis, will the new employer still be able to apply in a cap exempt (using the reference of the first canceled approval)?

Please help at the earliest with your replies.

Thanks
Sarita

It seems that you are currently out of status as you arent working for the H1 petitioner and not getting paid by them. When one is out of status transfer will not be possible. Advisable to join the employer ASAP and work for few months and then later file for a transfer. OR leave US, transfer to another employer, get H1 stamped and re enter US.

This is my opinion not legal advice.

[sarita ramakrishnan]

Thanks for your reply. I am currently on H4 and I do not have an H1 stamp on my passport. Will this still mean i am out of status? Please let me know

[raghvi]

If you filed H4 to H1 as COS (Change of Status) , and received H1 Approval, I797, with a new I94 at the bottom and the approval notice saying that your Change of Status has been approved than Yes, you are currently out of status. Stamping is immaterial in this case.

This is my opinion not legal advice.

[sarita ramakrishnan]

Thanks again.

But I have not applied for any change of status. I am just having an approval without I94 (which i got after getting h4 visa). So I understand i am not out of status. And based on this could you please answer the questions listed.

1. If i start looking for jobs independently, and say i succeed, will the new employer be able to sponsor my visa just based on the approval available?
2. Since we are already in the middle of october (H1 work start date being 1st October), will there be issues for new employer to transfer since i do not have any paystubs.
3. If the new company applies for my visa again, will it be cap exempt?
4. Is there any fixed timeline by which i should get a job and start working? My h1 approval is there for next three years. Is it ok to get a job anytime round the year, get an approval and go for stamping?
5. In case, my previous employer cancels the approval with uscis, will the new employer still be able to apply in a cap exempt (using the reference of the first canceled approval)?

[sarita ramakrishnan]

Please help me with your replies.